04/14/2003 01:10 PM House JUD

HB 151 - DWELLING DESIGN/CONSTRUCTION CLAIMS                                                                                  
                                                                                                                                
Number 0025                                                                                                                     
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be  HOUSE BILL  NO. 151,  "An Act  relating to  claims and  court                                                               
actions for  defects in the design,  construction, and remodeling                                                               
of certain dwellings; limiting when  certain court actions may be                                                               
brought;  and amending  Rules 79  and 82,  Alaska Rules  of Civil                                                               
Procedure."   [Before  the committee  was the  proposed committee                                                               
substitute (CS),  Version 23-LS0499\V, Bannister,  4/10/03, which                                                               
was adopted as a work draft on 4/11/03.]                                                                                        
                                                                                                                                
Number 0095                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KEVIN MEYER,  Alaska State  Legislature, sponsor,                                                               
announced that he's had a  chance to review the amendment drafted                                                               
by Legislative Legal and Research  Services and he's in agreement                                                               
with it.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out  that the  committee should                                                               
have two amendments on the same page.                                                                                           
                                                                                                                                
CHAIR  McGUIRE  determined  that  there  were  no  objections  to                                                               
keeping the two concepts together under one amendment.                                                                          
                                                                                                                                
Number 0141                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG  moved   that   the  committee   adopt                                                               
Amendment 1,  labeled [23-LS0499\V.1, Bannister,  4/14/03], which                                                               
contained handwritten changes and which originally read:                                                                        
                                                                                                                                
     Page 2, following line 2:                                                                                                  
          Insert a new subsection to read:                                                                                      
          "(b)  The 10-year limitation imposed under (a) of                                                                     
     this section  is tolled between  the time  the claimant                                                                    
     serves  notice  under  AS 09.45.881 and  the  time  the                                                                    
     claimant should  reasonably understand  that settlement                                                                    
     under the  procedures in AS 09.45.881 -  09.45.899 will                                                                    
     not succeed."                                                                                                              
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
     Page 5, lines 30 through 31:                                                                                               
          Delete "may be included as part of the contract,                                                                      
     must be  conspicuous, and must be  in substantially the                                                                    
     following form:"                                                                                                           
          Insert "must be included on a separate page                                                                           
     attached to  the contract and  must contain a  title at                                                                    
     the top of the page that reads "Potential Claim."                                                                          
     (c)   The notice required  by (a) of this  section must                                                                    
     be  conspicuous  and  must   be  in  substantially  the                                                                    
     following form:"                                                                                                           
                                                                                                                                
[The handwritten changes in Amendment  1 involved replacing, from                                                               
the  third line  from the  top, "The  10-year limitation  imposed                                                               
under (a)  of this section"  with "A limitation imposed  under AS                                                               
09.10  for  an  action  under  AS  09.45.881  -  09.45.899";  and                                                               
replacing,  from the  fourth line  from  the bottom,  "'Potential                                                               
Claim'" with "'Notice and Opportunity to Repair'".]                                                                             
                                                                                                                                
Number 0141                                                                                                                     
                                                                                                                                
CHAIR  McGUIRE   ascertained  that  there  were   no  objections.                                                               
Therefore, Amendment 1 was adopted.                                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that he  offered Amendment  1 on                                                               
behalf of Representative Gara.                                                                                                  
                                                                                                                                
Number 0153                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ANDERSON  moved to  report  the  CS for  HB  151,                                                               
Version  23-LS0499\V,  Bannister,  4/10/03, as  amended,  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  note.    There  being no  objection,  CSHB  151(JUD)  was                                                               
reported from the House Judiciary Standing Committee.